Not registered with us?

Recruitment and selection – when advertising an vacancy internally, is it lawful to say that 'Applications are invited for this position but it should be noted that an internal candidate has already been identified’?

Emma-Jane Flannery

Arthur Cox

From a practical point of view I would say there is little point in advertising a position if an internal candidate has already been identified as there is no legal requirement to advertise each and every new position of employment available. Your employees will have little incentive to apply for a job that they will consider already filled!

There are situations where there will be no need to advertise and where certain employees may get priority in relation to vacancies e.g. returning mothers, disabled employees where a transfer is deemed to be a reasonable adjustment, and redundancy

Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.